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(영문) 부산지방법원 2013.08.30 2013노1899

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. It is recognized that the judgment of the Defendant recognized the instant crime, and that the Defendant would not drive under the influence of alcohol again, and that there is no traffic accident due to the instant crime, and that there is a family member to support the Defendant, and that there seems to be economic difficulties when the Defendant is detained.

However, the crime of this case is a case where the defendant drives a vehicle without a driver's license on December 11, 2012 under the influence of 0.086% of alcohol level, and its driving level, driving distance, etc. is not less than that of the case, and the defendant has been subject to criminal punishment on several occasions due to drinking driving and driving without a driver's license on six occasions before, and in particular, even though he was sentenced to a suspended sentence on May 19, 2008 due to a drunk driving on six occasions, he re-driving during the suspended sentence while he was sentenced to a suspended sentence, and even if he was sentenced to a fine on the condition that he would not drive again after disposing of the vehicle without a driver's license, it is difficult to expect that the defendant has been sentenced to a suspended sentence or sentenced to a fine on the condition that he would not drive again without a driver's license on December 11, 2012, and it is difficult to expect that the defendant has committed the crime of this case under the influence of liquor or sentence.